Ex Parte Granger’s Empirical Analysis

Citation profile

2 federal appellate · 49 state decisions

Most-quoted passages

The sentences later courts lift from this opinion, ranked by how many decisions quote each — the parts of the opinion doing the work. These counts are smaller than the citation total above because most of the 53 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “... We were careful to point out repeatedly in our opinion [in another case where a jury instruction was not given on the lesser included offense at the first trial] that at the original trial, the State had chosen not to request an instruction on the lesser included offense of rape. In other words, the State had, at the first trial, failed to pursue the lesser included offense charge after jeopardy attached to it and was, therefore, forever barred from prosecuting it again. As the court correctly explained in [another case] when faced with essentially the same facts: ... the jury ... was not instructed on [the lesser offense]. It appears that the state simply chose not to pursue a conviction for that offense, although the [defendant] was in jeopardy as to that offense. Had it so elected, the state could have requested the additional instruction [on the lesser offense]. Therefore, with respect to the [lesser] offense ..., the trial was abandoned or aborted by the state without manifest necessity.”

   2 later decisions quote this exact passage · from the concurrence
   e.g. Haynes v. State · Malik v. State

2. “”[t]he underlying idea [of the Double Jeopardy Clause], one that is deeply ingrained in at least the Anglo-American system of jurisprudence, is that the State with all its resources and power should not be allowed to make repeated attempts to convict an individual for an alleged offense, thereby subjecting him to embarrassment, expense and ordeal and compelling him to live in a continuing state of anxiety and insecurity, as well as enhancing the possibility that even though innocent he may be found guilty.””

   2 later decisions quote this exact passage
   e.g. Ex Parte Crenshaw · Ex Parte Coleman

3. “Because the evidence was insufficient only as to the capital element of the greater offense, it is clear both that, had the trial judge acted properly, only the' lesser offense 'of murder would have gone to the jury and it would have resulted in a conviction. We know that it would have resulted in a conviction because the jury’s actual verdict showed that it found the existence of every element of the lesser included offense. Since appellant has never been acquitted of murder, the rationales ... supporting the rule barring retrial following acquittal simply are not applicable to his re-prosecution for murder.”

   1 later decision quote this exact passage · from the concurrence
   e.g. Ex parte Navarro